DEV PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-appellants against judgment dated 18.07.2012 passed by the Court of Additional Sessions Judge, Bandikui, District Dausa (for short 'the trial court') whereby the trial court has convicted and sentenced the accused-appellants in the manner indicated below:

(2.) Facts of the case are that a written report (Exhibit P-6) was submitted by Ramesh Chand (P.W.4) to SHO, Police Station Bandikui alleging therein that marriage of his daughters Nisha and Chandrakala was solemnized on 19.04.2008. Nisha was married with Dev Prakash and Chandrakala with Gajanand at Balaheda. He gave an almirah, fan, cooler, 51 utensils, stitching machine, two chairs, teble, television etc., rings of gold, silver anklet, neckless, bangles, gold ring and gold chain to the boy. It was further alleged that after the marriage, the appellants started harassing his daughter Nisha on demand of dowry. They used to often beat Nisha and demand a motor cycle and Rs. 50,000/- in cash. In January, 2010 also, they gave beating to Nisha, which led to fracture of her head. They ousted her from the house, as a result of which, she started living with him and told that incident to him. After 1 years, elder brother-in-law (jeth) of Nisha requested him to send Nisha to her in-laws upon which Nisha was allowed to go to her in-laws. Thereafter, the accused-appellants again started to harass Nisha on demand of dowry. On 19.06.2006 at about 6.00 A.M., husband Dev Prakash, father-in-law Radhey Shyam and mother-in-law Smt. Hardevi gave beating to Nisha and after pouring kerosene over her body, set her on fire, as a result of which, she was seriously burnt and admitted to Government Hospital, Bandikui. Since her condition was serious, she was referred to S.M.S. Hospital, Jaipur. Lastly, the complainant alleged that the accused-appellants with intention to kill his daughter Nisha, had burnt her. Action be taken against them.

(3.) On the basis of the aforesaid written report, the police registered FIR No. 481/2011 (Exhibit P-14) for alleged offence under Sections 498A and 307 IPC and investigation commenced. During investigation, Nisha died, therefore, Sections 302 and 304- B IPC were added. Upon completion of investigation, the police submitted charge sheet against the accused-appellants in the court of concerned Judicial Magistrate. The offence being exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of learned Additional District and Sessions Judge, Bandikui. The learned trial court, after hearing the arguments on charge, framed charge against the accusedappellants for offence under Sections 498-A, 304-B and 302 IPC. The accused-appellants denied the charges and claimed to be tried. During trial, the prosecution examined as many as 16 witnesses and got 17 documents exhibited in support of its case. Thereafter, the accused-appellants were examined under Section 313 Cr.P.C. in which they denied the prosecution case and stated that Nisha was burnt when her clothes caught fire from the stove and they have been falsely implicated in this case without any connecting or corroborating evidence. In defence, one witness was produced and three documents were exhibited. Upon completion of trial, the trial court vide impugned judgment dated 18.07.2012 convicted and sentenced the accused-appellants in the manner as indicated above. Hence, this appeal.